A Shari'a Court of Appeal in Kaduna has adjourned until June 17 its ruling on an application for a stay of proceedings in an inheritance dispute involving the family of the late Ibrahim Muhammad Tunba. Tunba died on October 22, 2021, leaving two wives and seven children. The case concerns the distribution of properties in Kaduna, Plateau, Taraba and Lagos States, as well as assets in the United Kingdom.
The appellants—Edwina Ibrahim, Jamal Ibrahim, Ibrahim Ibrahim, Faisal Ibrahim and Aisha Ibrahim, the first wife of the deceased—are challenging a ruling delivered by the Upper Shari'a Court, Daura Road, on April 28, 2024. They seek to set aside that ruling and have the lower court hear their application to vacate a default judgment issued on March 26, 2024.
At the resumed hearing, counsel for the respondents—Rabia Renee Ibrahim, Omar Abdul-Aziz Ibrahim, Faruq Ibrahim and Abdul Malik Ibrahim—Barr. A. Bashir, presented two witnesses. They are Engr. Umar Yusuf, a building engineer, and Mr Isah Kamba, a businessman. Bashir urged the court to grant the application for a stay of proceedings pending determination of the appeal.
Barr. Auwal Imam, representing the appellants, informed the court that his clients had filed a 15-paragraph counter-affidavit and a written address opposing the motion dated January 12, 2026. He urged the court to dismiss the application and await the outcome of the appeal before the Court of Appeal, Kaduna Division.
Imam stated that the appellants had earlier challenged the jurisdiction of the court through a preliminary objection, which the court dismissed, affirming its jurisdiction. The appellants filed an appeal against that decision and simultaneously applied to the trial court for a stay of proceedings.
The Presiding Judge, Kadi Mustapha Sulaiman, adjourned the matter to June 17 for ruling on the application.
The appellants challenged the court's jurisdiction but continued to participate in proceedings after losing that argument, creating a contradiction in their legal stance. They now seek to halt the same process they are actively engaging. This weakens their position and raises questions about the consistency of their legal strategy. The outcome will directly affect how property claims by Tunba's two wives and seven children are resolved.
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